The Value Conflictions Of The Exclusionary Rules Of Criminal Illegal Evidence

The exclusionary rules of illegal evidence are unmovable parts of modern rules of criminal evidence. But these rules cause certain social cost when they guarantee the human rights, so the value conflictions make the value choice loud reproached. In fact, the exclusionary rules of illegal evidence have integral and stable jurisprudential foundation theoretically from the points of view either of value or cognition. This is why the exclusionary rules are authorized in different countries on a certain degree. Although the application areas are adjusted continuously for the balance of value, but the essential spirit of the exclusionary rules are not changed thoroughly. Now, the exclusionary rules of illegal evidence still cannot correspond to actual status of our country due to facts such as culture background, social realism and judiciary. But China is tending towards civilized politics, developing scientifically and good international manners, so we already have conditions of value choice. We should weigh the value based on the basic fundamentals of value balance, developing gradually, treating differently, considering necessary cost, to build the system of the exclusionary rules of illegal evidence, consummate the criminal evidence system, and promote the development of the society.